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HomeMy WebLinkAbout89-7 - Adding Chapter 17.23 to Newport Beach Municipal Code Pertaining to Restrictions on Persons Living Aboard Vessels On Offshore MooringsORDINANCE NO. 89 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.23 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS ON OFFSHORE MOORINGS. isThe City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Chapter IT.23 of the Newport Beach Municipal Code is added to read as follows: • • CHAPTER 17.23 RESTRICTIONS ON PERSONS LIVING ABOARD VESSELS IN NEWPORT HARBOR Sections: Section 17.23.005. Section 17.23.010. Section 17.23.020. Section 17.23.025. Section 17.23.030. Section 17.23.035. Section 17.23.040. Section 17.23.045. Section 17.23.050. Section 17.- 23.055. Section 17.23.060. Section 17.23.065. Section 17.23.070. Section 17.23.075. Section 17.23.080. Section 17.23.085. Section 17.23.005. Purposa. Definitions. Permit Required. Application for Live Aboard. Issuance of Permit. Term /Renewal. Conditions /Regulations. Use of Pumpout Facilities. Compliance with Law. Discharge Log. Limitation on Number of Permits. Transfer Prohibited. Revocation /Cancellation. S u s p e n s i o n a n d Revocation. Procedure for Revocation. Appeal. Purpose. The City Council of the City of Newport Beach finds and declares as follows: A. Newport Harbor is a heavily -used marine recreational area with thousands of residents living in close proximity to the water; B. Heavy recreational use of the harbor has contributed to a deterioration in water quality and the City is engaged in an ongoing effort to reduce the amount of human fecal matter discharged into the Bay; C. Persons living aboard vessels assigned to offshore moorings are required to utilize the vessel's marine sanitation device and this presents a risk of discharge of human fecal matter into the Bay in violation of local, state and federal laws; D. Persons living aboard vessels assigned to offshore moorings are frequently closer to residences than vessels berthed in commercial marinas, and, if the number of live - aboards is unregulated, there is a risk that noise generated by live - aboards on offshore moorings could disturb significant segments of these residential areas; 1 E. Persons living aboard vessels on offshore moorings do not have access to landside support facilities such as parking spaces, trash disposal and other amenities normally associated with residential uses and, an increase in the number of live - aboards, if unregulated, could increase the demand for already scarce waterfront parking space, and increase the amount of trash and debris deposited in the Bay; and F. Currently, live - aboards occupy approximately thirty (30) vessels assigned moorings in Newport •Bay, and a limit on the number of live- aboard vessels is necessary to minimize the potential for discharge of raw or treated sewage, limit the discharge of "gray water," and minimize the potential impact on nearby residential properties. G. This ordinance will promote the public health, safety and welfare by regulating the number of persons living aboard vessels on offshore moorings and insuring, to the extent possible, that this residential use does not result in the discharge of human waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the Bay. Section 17.23.010. Definitions. A. "Newport Bay" ( "Newport Harbor Bay "). The terms "Newport Bay," "Newport Harbor" and "Bay" shall mean all water area within Lower Newport Bay (southerly of Pacific Coast Highway) including all of the area Bayward of the bulkhead lines or, if no bulkhead lines have been established, Bayward of the line of mean high tide. B. "Offshore Mooring." A single or double buoy, weight and chain installed for the purpose of berthing a vessel as provided by Chapter 17.22 of the Newport Beach Municipal Code. C. "Marine Director" will mean the Marine Director of the City of Newport Beach or the person designated by the Marine Director to act in his or her capacity. D. "Live- aboard" shall mean any person who uses a vessel assigned to an offshore mooring (other than a guest mooring) as a domicile as that term is defined in Section 200 of the Elections Code of the State of California. Section 17.23.020. Permit Required. No person shall live- aboard any vessel assigned to an offshore mooring without first having obtained a live- aboard permit from the Marine Director. No person shall live- aboard any vessel on an onshore mooring in Newport Harbor. No live- aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. Section 17.23.025. Application for Live - Aboard Permit. An application for live- aboard permit shall be filed with the Marine Director upon forms provided by the City and shall contain the following information: A. The name of the permittee and the name or names of all individuals to be living aboard the vessel; B. All pertinent information relative to the vessel including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the Department of Motor vehicles or the united States Coast Guard, the 2 make and model of the vessel, the length of the vessel; C. The make, model, and holding tank capacity of the marine - sanitation device installed in the vessel; D. The address and phone number where the permittee or other adult living- aboard can be contacted during regular work hours or when not occupying the vessel; E. Other information the Marine Director reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter. Applications will be accepted only from persons holding a valid mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this ordinance. The submittal of an application for live- aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. Section 17.23.030. Issuance of Permit. Upon receipt of an application for a live- aboard permit, the Marine Director shall investigate the information contained in the application. The Marine Director shall deny the application if: A. The vessel which will serve as the principal residence is not equipped with a fully - operational sanitation device sufficient in capacity to insure no discharge of human waste into the harbor; and, B. Approval of the application would result in live- aboard permits in excess of the limitations provided by this chapter; C. Issuance of the permit, given the specific circumstances of the application, would significantly impact persons residing, working or visiting the Bay. D. The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. Section 17.23.035. Term /Renewal. A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, and shall specify any changes to the information provided on the original application for a permit. B. The application for renewal shall be denied for any of the reasons specified in Section 17.23.030; the permittee has failed to comply with any provision of this chapter during the term of the permit; or the permittee has failed to use the vessel as permittee's domicile during a substantial portion of the previous term of the permit. C. The issuance of a live- aboard permit pursuant to this ordinance does not create any tenancy between the City and permittee or other persons living aboard, nor does it create any property right in permittee or other persons living aboard the vessel. 3 Section 17.23.040. Conditions /Regulations. A. The Marine Director may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter. B. The Marine Director shall have the power to promulgate rules and regulations to insure that the purposes of this ordinance are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live- aboard permit. Section 17.23.045. U s e o f P u m n o u t Facilities. Permittees shall use pumpout facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the Bay or on property surrounding the Bay except in trash receptacles owned and maintained by the City of Newport Beach. Section 17.23.050. Compliance with Law. The permittee, and others authorized to live- aboard any vessel, shall comply with all applicable state and federal laws, the provisions of the Newport Beach Municipal Code, the Harbor Policies promulgated by the City Council, and all conditions, express and implied, to the permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for revocation of the permit. Section 17.23.055. Discharqe Lo Each permittee shall maintain a log relative to the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Marine Director, or his designee, at all reasonable hours and upon request. The log shall be submitted to the Marine Director in conjunction with any application for renewal of a permit. Section 17.23.060. Limitation on Number of Permits. A. Except as provided in subsection B, the number of live- aboard permits in effect at 'any given time shall not exceed seven (7 %) percent of the number of offshore mooring permits issued by the City pursuant to Chapter 17.22. B. Any person or persons living aboard a vessel assigned to an offshore mooring as of the date that this ordinance was adopted may continue to live- aboard the vessel, and receive a permit pursuant to this chapter without regard to the limit on number of permits specified in subparagraph A, provided: 1. The person or persons apply for a live- aboard permit within sixty (60) days from the effective date of this ordinance; 2. The person or persons are entitled to a permit pursuant to this chapter, and specifically pursuant to the provisions of Section 17.23.030; and 3. The permit, once issued, is thereafter continuously in effect. C. The Marine Director waiting list of persons who wish to apply permit. The waiting list shall consist solely 4 shall establish a for a live- aboard of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.22 of the Newport Beach Municipal Code. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live- aboard permits falls below the limit specified in subparagraph A, the Marine Director shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. Section 17.23.065. Transfer Prohibited. No person shall transfer, assign, sell or convey a live- aboard permit. Any attempt to transfer, sell, convey or assign a live- aboard permit shall be a violation of this chapter and grounds for revocation of the permit. Section 17.23.070. Revocation /Cancellation. The City has reserved the right to cancel mooring permits under certain circumstances. Any permit issued pursuant to this chapter shall be deemed cancelled in the event of the revocation or cancellation of the mooring permit issued pursuant to Chapter 17.22 of the Newport Beach Municipal Code. Section 17.23.075. Suspension and Revocation. A. Any permit granted pursuant to this chapter may be revoked by the Marine Director upon a determination that: 1. The permittee has violated, or failed to comply with any of the provisions or requirements of this chapter, or the provisions of Title 17 of the Newport Beach Municipal Code; 2. The permittee has discharged raw or treated sewage into the Bay or otherwise violated the provisions of Section 17.23.050 of this chapter. 3. Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and /or resolution of the City Council; 4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. Section 17.23.080. Procedure for Revocation. In the event the Marine Director.determines there may be grounds for revocation of a permit issued pursuant to this chapter, the Marine Director shall give notice of intent to revoke the permit and the right of the permittee to request a hearing before the Marine Director within fifteen (15) working days from the date on which notice is given. The notice shall state the reason for the proposed revocation and shall be accompanied by any documents in the possession of the Marine Director that pertain to the grounds for the proposed action. Notice shall be deemed given 0 • • • when: 1. Deposited in the United States mail, first class, postage prepaid, and addressed to permittee at any mailing address specified on the application for permit; 2. Personally delivered to permittee; or 3. Affixed to permittee's vessel in a conspicuous location, or any combination of the foregoing. If the permittee does not request a hearing within fifteen (15) working days, the decision of the Marine Director shall be final and permittee shall not be entitled to appeal to the City Council. In the event the permittee requests a hearing, the Marine Director shall notify the permittee of his or her decision within fifteen (15) working days after the hearing, specifying the reason or reasons for the decision, and advising permittee of his or her right to appeal the decision to the City Council. Section 17.23.085. Appeal. A decision of the Marine Director to revoke a permit issued pursuant to this chapter may be appealed to the City Council by the permittee. The appeal shall be filed within fifteen (15) days after the date after notice is given of the Marine Director's decision. The City Council may hear the appeal, or may appoint a hearing officer to take evidence, and submit findings and recommendations. The City Council shall render its decision within thirty (30) days after the hearing or submittal of findings and recommendations by a hearing officer. The decision of the City Council shall be final. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of February, 1989, and adopted on the 27th day of February, 1989, by the following vote, to -wit: ATTEST: AYES, SANSONE, PLUMMER, STRAUSS, HART, WATT NOES, NONE ABSENT QPX, T$11!_UkER — I& I? AW4.�